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Navigating International Marriage: Essential Visa Insights for Avient Employees

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Marriage transcends geographical boundaries, and when it involves a partner from another country, the complexities of immigration law come into play. This study, conducted in collaboration with immigration attorney  Julia Funke, Esq. , provides an in-depth analysis of visa options for non-American citizens and strategic use of marriage agreements. Avient employees, especially those engaged with partners of different nationalities, should be aware of these rule and regulations when planning for their financial future.

Identifying Visa Options

Avient employees considering bringing a non-American citizen to the United States, selecting the right visa is crucial. It’s a misconception that the K-1 visa, prominently featured on the reality TV show '90-Day Fiancé,' is the only option. There are three essential types of visas, each suited to different circumstances:

1. K-1 Visa (Fiancé Visa): Allows a non-American fiancé to enter the United States on the condition that the marriage occurs within 90 days. As of November 2023, the processing time for an I-129F application, necessary to obtain this visa, is about 12.5 months. Further documentation is required afterward to secure a green card, which can extend the entire process by an additional year.

2. CR-1 Visa (Spouse of a U.S. Citizen): For marriages under two years, the CR-1 visa issues a conditional green card valid for two years. Couples must file an I-751 form before this period ends to prove the validity of the marriage and obtain a ten-year green card. This visa allows the foreign spouse to adjust their status within the United States if they already hold another visa or undergo consular processing abroad.

3. IR-1 Visa (Immediate Relative Spouse Visa): Suitable for couples married for more than two years, offering a ten-year unconditional green card. This option simplifies the process by eliminating the need for later verifications.

Avient employees should be aware of the complexity of these options as they highlight the importance of consulting an experienced immigration lawyer to effectively navigate the legal nuances.

The Role of the Affidavit of Support

A critical yet often overlooked document in the immigration process is the Affidavit of Support. This contract between the American citizen and the government stipulates that the American will provide financial support to the non-American spouse until they both become U.S. citizens or complete 40 quarters of work (10 years). This commitment remains valid even in the event of a divorce, unless the spouse gains citizenship, completes the required work quarters, or finds another sponsor.

Strategic Management of Prenuptial Agreements

Prenuptial agreements play a crucial role in managing the financial responsibilities outlined in the  Affidavit of Support . These agreements can:

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1. Limit financial obligations to those stated in the Affidavit of Support in the event of a divorce.

2. Set a deadline for the immigrant spouse to begin the citizenship process, thus reducing the risk of indefinite financial liability.

3. Align expectations and facilitate clear communication about financial responsibilities and procedures, which is essential to prevent conflicts.

In conclusion, marrying a non-American involves not only romantic commitments but also significant legal and financial considerations. Avient employees should understand the different visa pathways and the implications of the Affidavit of Support, as well as the strategic use of marriage agreements, so they can more effectively address these challenges. It's crucial to grasp these elements to ensure a smooth transition and a stable future for bi-national couples looking to build their lives in the United States.

For Avient employees considering the long-term financial well-being of their adult children, especially those engaged with partners of different nationalities, a marriage agreement is an essential risk management tool. Recent studies, such as a 2023 survey by the  American Academy of Matrimonial Lawyers , show an increasing trend in using prenuptial agreements to preserve pre-existing family legacies and assets in international marriages. This legal protection helps safeguard the financial foundations established by previous generations, reducing potential legal disputes and ensuring family legacies across international borders.

What is the purpose of Avient's 401(k) Savings Plan?

The purpose of Avient's 401(k) Savings Plan is to help employees save for retirement by allowing them to contribute a portion of their salary into a tax-advantaged account.

How can employees enroll in Avient's 401(k) Savings Plan?

Employees can enroll in Avient's 401(k) Savings Plan by accessing the enrollment portal through the company's HR website or by contacting the HR department for assistance.

What types of contributions can employees make to Avient's 401(k) Savings Plan?

Employees can make pre-tax contributions, Roth (after-tax) contributions, and in some cases, catch-up contributions if they are age 50 or older in Avient's 401(k) Savings Plan.

Does Avient offer a company match on 401(k) contributions?

Yes, Avient offers a company match on employee contributions to the 401(k) Savings Plan, which helps to enhance overall retirement savings.

What is the vesting schedule for Avient's 401(k) company match?

The vesting schedule for Avient's 401(k) company match typically follows a graded schedule, meaning employees earn ownership of the company match over a period of time.

Can employees take loans against their 401(k) accounts at Avient?

Yes, Avient allows employees to take loans against their 401(k) accounts, subject to certain limits and repayment terms as outlined in the plan documents.

What investment options are available in Avient's 401(k) Savings Plan?

Avient's 401(k) Savings Plan offers a variety of investment options, including mutual funds, target-date funds, and other investment vehicles to suit different risk tolerances.

How often can employees change their contribution amounts to Avient's 401(k) Savings Plan?

Employees can change their contribution amounts to Avient's 401(k) Savings Plan at any time, typically through the online portal or by contacting HR.

What happens to an employee's 401(k) account if they leave Avient?

If an employee leaves Avient, they can choose to leave their funds in the plan, roll them over to another qualified retirement account, or cash out, subject to taxes and penalties.

Are there any fees associated with Avient's 401(k) Savings Plan?

Yes, there may be administrative fees and investment-related fees associated with Avient's 401(k) Savings Plan, which are disclosed in the plan documents.

With the current political climate we are in it is important to keep up with current news and remain knowledgeable about your benefits.
Avient has announced a significant restructuring effort, which includes layoffs across multiple departments. This move is part of a broader strategy to streamline operations and improve financial performance. The company is also modifying its pension plans and benefits to align with its new organizational structure.
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For more information you can reach the plan administrator for Avient at 33587 Walker Rd Avon, OH 44011; or by calling them at +1 440-930-1000.

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